Will Atlanta File for Bankruptcy aka Chapter 11?

It seems that many cities are filing for bankruptcy during the economic downturn. Continued demands of expenses, including operating costs, rising education and pension benefits have resulted in many communities facing economic difficulties. Could this happen in Georgia? Will Atlanta file for bankruptcy via Chapter 11?

If you asked this question a few years you would have likely been laughed it. The chances that a city could file for Chapter 11 bankruptcy were quite rare. It seems like it is becoming a bigger trend though. In 2011 it appears that every few weeks a community actually files for Chapter 11. Many communities will talk about it, and it is likely to start a debt about property taxes and budgets, but the difference in 2011 is that many have filed for bankruptcy. One of the most recent examples comes from the Rhode Island community of Central Falls filed for bankruptcy.

Atlanta has high educate costs, and an employee pool that has both high benefit expenses and pension costs. Atlanta has made many efforts to avoid the fate of communities such as Central Falls, RI. It has made difficult cuts, which has angered many. It has raised property taxes, which has also angered many. The efforts of Atlanta might be enough to avoid it from a Chapter 11 bankruptcy. If the city ever was to declare it would likely be the largest city in the U.S. to default.


I have $20,000 in Credit Card Debt, can I File for Chapter 7?

Credit card debt can be tough to rebound from, especially when the debt is a large portion of your annual income.

Question: I owe $20,000 in credit card debt. Can I file for Chapter 7 bankruptcy?

Answer: The ability to repay your credit card debt will involve several factors:

  1. Your income (weekly / monthly take home)
  2. Your total debt
  3. Your credit card minimum payment
  4. Your credit card interest rate
  5. Your other monthly expenses

Variable 1 – Your Income:
Your income is one of the biggest variables. It is alot easier for a person with a $75,000 income to repay $20,000 of credit card debt than a person with a $35,000 income.

Variable 2 – Your total debt:
In this case a $20,000 credit card debt may or may not be the big factor in determining if Chapter 7 is the best option. Other debt, including owning a home, a car and other goods. Under Georgia Chapter 7 bankruptcy you are allowed to keep just over $11,000 worth of goods, such as clothes, furniture, wedding bands and some electronics. In summary, you don’t want to have substantial valuable assets when considering if Chapter 7 is right for you. If you have assets that you are looking to protect, a Chapter 13 bankruptcy might be a better option. An Atlanta Chapter 7 bankruptcy lawyer will be able to tell you if Chapter 7 or Chapter 13 is best for you given your asset level

Variable 3 – Your credit card minimum payment:
Just keeping up with the credit card’s minimum payment can be a challenge. If the minimum payment is too high of a percentage of your monthly income, you may be in too deep. Also, if you can repay the $20,000 credit card debt over the course of 3-5 years, Chapter 7 bankruptcy might not be for you.

Variable 4 – Your credit card interest rate:
Your credit card interest rate can mean thousands of dollars over the course of repayment. You’ll want to both know what the interest rate is and how it is calculated. You might be able to negotiate a lower interest rate, thus avoiding a potential bankruptcy or transfer part or all of the debt to another credit card under more favorable terms. Credit cards are typically the highest interest rate a person has.

Variable 5 – Your other monthly expenses:
If your other monthly expenses are high, paying back the $20,000 credit card debt may not be possible. Your bankruptcy lawyer will discuss these other expenses with you and help frame how you can benefit from seeking bankruptcy protection.

With 20 years of experience and over 25,000 cases assisted, Berry & Associates is one of the most experienced group of Atlanta bankruptcy lawyers. Call us, or search the site to find a bankruptcy lawyer.


Personal Bankruptcy Filings Fall 18 Percent in July

Over 24,000 fewer people filed for personal bankruptcy in July 2011 versus July 2010 according to the American Bankruptcy Institute. ABI recently told its story to Reuters.com. Citing National Bankruptcy Research Center, the story is good news, especially considering that ABI is estimating 1.4 million bankruptcy filings will occur in 2011. This is down from an all time high of 1.53 million filings in 2010.

The news isn’t all good. It is expected that bankruptcy levels won’t fully peak off until consumer confidence levels are increased. Consumer spending plays such a critical role into bankruptcy filings. Recent news suggests that consumer spending may not be increasing soon and in fact a double dip recession could be already here.

  • U.S. consumer spending fell 0.2% in June. This is the first decline since September 2009.
  • There is typically a 12-18 month lag in consumer spending declines and increased bankruptcy filings

So what does this mean for the country? What does this mean for Georgia consumers?

Nationally the increase consumer spending is a potential leading indicator of why personal bankruptcy filings are expected to be at 1.4 million this year from a high of 1.53 million last year. This also means that personal bankruptcy filings could increase in 2012 if consumer spending trends continue.

If you facing high debt levels, bankruptcy is a legal option that you can explore. There are two types of personal bankruptcy filings, Chapter 7 and Chapter 13. They each offer different solutions to a debt problem.

  • Chapter 7 bankruptcy, is also known as a straight bankruptcy. This is a good potential option if you have minimal assets and want to make a clean break.
  • For those with high debts and assets that they are looking to protect, a Chapter 13 bankruptcy is a potential option. In a Chapter 13 you look to negotiate a repayment plan with your creditors.

Need an Atlanta Bankruptcy Lawyer? Contact Us:

Have a question about debt options? Contact Berry & Associates. With 10 metro Atlanta bankruptcy law offices, we have local lawyers than can help answer your questions on a potential filing.


Common Reasons Why People File for Bankruptcy

Looking at your bills and your finances you might be asking yourself, “How did I get here?” You are not alone. Each year thousands of residents file for bankruptcy in Georgia. While there are many reasons that might cause a person to file for bankruptcy, below are some of the most common.

  • High Medical Expenses
  • Rise of Unemployment
  • Stop Creditors from Calling / Harassing

High Medical Expenses: Overcoming high medical expenses can be difficult, sometimes not possible. Based on a survey which was conducted in 2007, almost 78% of those who filed bankruptcy were at least in part due to illness and the expenses which came from it. Medical expenses are a large majority, but that’s not the only reason why people need to file for bankruptcy protection.

Rise of Unemployment: Especially during the last couple of years with the recession, filing due to unemployment has been on the rise. A family in the Atlanta metro area can live comfortably on two, or maybe even one salary. They can take on regular amount of debts, join clubs, and pay normal bills with relative ease. All of a sudden one or both spouses lose a job for any reason, and a family must go from possibly two salaries to one. Those debts that the family took on when they had two salaries coming in are still due, even though the money is not there to pay the bill each month. For those that are in a single income household, the burden is much greater.

Stop Creditors from Calling / Harassing: Another reason why people file is due to stopping harassment from creditors. Some creditors go to extreme actions in attempting to collect a debt. Too often, creditors will persistently call the home of a particular debtor with demeaning and abusive behavior. The action from the creditor can escalate quickly and can even rise to the level of being unlawful. By teaming up with an Atlanta bankruptcy lawyer from Berry & Associates, we can work together in having holds placed on the demands of the creditors, and stop the harassing phone calls and stop the scare attics.

Filed under: Bankruptcy Information — Tags: , — admin @ 7:38 am

Be Watchful of New Credit Before You File Bankruptcy

Be careful in what you new credit consist of up to 90 days before you file for bankruptcy. If you incurred new credit of $500 or more for “luxury goods or services” within the 90-day wind before your bankruptcy, or if you obtain a cash advance in the amount of $750 within 70-day period before your bankruptcy, the debt will likely not be able to be dischargeable.

In other words, if you are considering filing for bankruptcy, now is not the time to go on a shopping spree or make personal upgrades to your home or self. Your creditors will see the statements of these new debts and the law will not allow for these to be included in your case and you’ll still have to pay these debits.

Taking out a cash advances either of $750 or more at once or the total of multiple cash advances will likely also not be included in your case. Obtaining any new debt unless absolutely required within the 90-day window is something that many Georgia bankruptcy attorneys advice their clients against.

Have a question about new credit can affect your bankruptcy filing? Click to contact us. Berry & Associates helps Georgia residents file for personal bankruptcy, including Chapter 7 and Chapter 13. They offer 11 metro Atlanta bankruptcy law offices with lawyers on staff Monday – Saturday.

Filed under: Bankruptcy Information — Tags: , , — admin @ 7:05 am

NFL Lockout Linked to Lawrenceville Pro Gym Bankruptcy

A recent WSJ article showcased a local Atlanta gym that because of the NFL lockout has caused it to file for bankruptcy protection. The Georgia Training Alliance has filed for Chapter 11 protection, showcasing how the NFL lockout has trickled down to the small business level.

Georgia Training Alliance is a 20,000 square foot gym that was known for being frequented by NFL players. The facility offers extensive power lifting equipment and features a 60 yards of field turf. About two dozen NFL players would typically pay $1,500 per week for access to the training facility during the off-season. Today the gym is quiet, both because of the uncertainty of players, especially rookies, from getting paid and the ability for players to access their team’s medical support.

David Irons Sr., owner of Georgia Training Alliance, warns that other Atlanta small business are going to be affected by the lockout. Those established on the Atlanta sports scene, including financial planners, cooks, and massage therapists are likely to continue to see business drop, if not be faced with needing to shut down.

Irons has filed for Chapter 11, which will allow his company to hold off its creditors during the NFL lockout. A July filing with the U.S. Bankruptcy Court in Atlanta showed that the company’s assets are worth less than $50,000. The company owes its creditors about $200,000.

Read NFL Lockout Blamed for Georgia Gym’s Bankruptcy

Berry & Associates offers Chapter 7 and Chapter 13 bankruptcy. The Georgia bankruptcy law firm is based in Atlanta and has 11 regional offices, including a Duluth bankruptcy office. Duluth, like Lawrenceville is in Gwinnett County.

Filed under: Bankruptcy News, Economic News — Tags: , — admin @ 1:03 pm

Finding Berry and Associates Bankruptcy Offices

Berry & Associates has over 10 offices available in metro Atlanta that can help you with a potential bankruptcy case. Our attorneys specialize in personal bankruptcy, including chapter 7 and chapter 13 bankruptcy. We have helped over 25,000 thousand Georgians get back on their feet.

To learn more about an office near you, visit the Berry & Associates location page.

Below is a list of our bankruptcy offices.

Berry & Associates Atlanta | Google Places Map
2751 Buford Highway
Suite 400
Atlanta, GA 30324
Tel: (404) 235-3328

Berry & Associates Cartersville | Google Places Map
807 N. Tennessee St.
Suite 103
Cartersville, GA 30120
Tel: (404) 425-5178

Berry & Associates Conyers
2385 Wall St.
Suite 105
Conyers, GA 30013
Tel: (404) 425-5179

Berry & Associates Dalton | Google Places Map
415 E. Walnut St.
Suite 110
Dalton, GA 30721
Tel: (706) 523-3281

Berry & Associates Douglasville
3400 Chapel Hill Rd.
Suite 327
Douglasville, GA 30135
Tel: (404) 425-5180

Berry & Associates Duluth | Google Places Map
3235 Satellite Blvd.
Building 400, Suite 300
Duluth, GA 30096
Tel: (404) 425-5181

Berry & Associates Gainesville | Google Places Map
105 Bradford St.
Suite C
Gainesville, GA 30501
Tel: (404) 425-5182

Berry & Associates Jonesboro (Morrow) | Google Places Map
7183 Jonesboro Rd.
Suite 100
Morrow, GA 30260
Tel: (404) 425-5183

Berry & Associates Kennesaw
125 Townpark Dr.
Suite 500
Kennesaw, GA 30144
Tel: (404) 425-5184

Berry & Associates Newnan | Google Places Map
276 W. Bullsboro Dr.
Newnan, GA 30263
Tel: (404) 425-5185

Berry & Associates Rome | Google Places Map
519 Broad St.
Suite 104
Rome, GA 30161
Tel: (404) 425-5186


6 Tips on Chapter 7 Georgia Bankruptcy Eligibility

There is actually more to Chapter 7 eligibility than you might think. Did you know you can make more than the median income you may still have a chance to file bankruptcy? This only occurs when you have too little disposable income to pay back debts right. There are many more Georgia Chapter 7 bankruptcy eligibility tips in this guide. Keep reading to get further help.

Do you make more than the median income?
The first tip is one we go over quite often on Georgia Debt Law. If you make less than the median income for our state, which changes every year, then you are eligible for Chapter 7 bankruptcy. If you make more, you cannot file, unless you lack the income to pay on your debts in other ways.

Do you have disposable income?
If you have enough disposable income – income after basic expenses – to pay on some of your debts, you cannot file Chapter 7 if you already make too much money. On the other hand, if you lack the income to pay on debts but still make too much, you may still have a chance to file. Consult with an experienced Georgia bankruptcy lawyer in this situation.

What if you can’t file Chapter 7?
You still have options if you can’t file Georgia Chapter 7 bankruptcy. You can file Chapter 13 bankruptcy, where the only thing stopping you from filing is if you owe too much money (in the hundreds of thousands).

Advantages of Chapter 7
Chapter 7 bankruptcy is a liquidation where assets are sold to pay back your debts. However, few lose much when filing, especially major items like their homes. If you do it right, you can lose very few items as long as you follow the rules and list all your debts. Chapter 7 means you can discharge quite a lot of money. You might have a $100,000 medical bill eliminated by filing. You might save $50,000 on credit card bills. You might discharge enough debt to be able to pay off immediate bills or to simply buy you time to find a new residence. The situation is never good when filing, but you can come out ahead and move on.

Advantages of Chapter 13
Chapter 13 bankruptcy is a debt repayment plan, where you pay on debts over a 3-5 year period. You tend to save less money, but buy yourself some more time. If you make too much to file Chapter 7, you might find some advantages in Chapter 13. With Chapter 13, you can better protect your Georgia home from foreclosure; instead of discharging the debt you can buy time to pay on it.

Get Help with Bankruptcy
If you’re unsure of where to get started with bankruptcy, it’s time to consult with an experienced Georgia bankruptcy lawyer. Eligibility laws can be complex, and do change, so it’s important to get legal help. The first step is to find out if you’re eligible for Georgia Chapter 7 bankruptcy, and a lawyer can help you there.


How to File Atlanta Chapter 7 Personal Bankruptcy

Why file Chapter 7 bankruptcy? It’s a question not asked enough, in times where Atlanta residents have some of the highest rates of unemployment and foreclosure in the nation. If you are unsure how to file Atlanta Chapter 7 bankruptcy, this blog how-to can help.

What is Chapter 7 Bankruptcy?
Chapter 7 bankruptcy is a liquidation proceeding where debts are eliminated. You are eliminating debt, not paying on it, and can eliminate most any debt. If you owe medical, credit card, or other unsecured debts, Chapter 7 bankruptcy is a good option. You may owe too much money on your home, a secured debt, and recently lost your job. If you have no means of paying it, you have means beyond bankruptcy, but you can file to eliminate the debt. Chapter 13 bankruptcy, on the other hand, is a debt repayment plan, which, as it sounds, involves you paying on debts over a long period. So you stand to save more money with a Chapter 7 bankruptcy, but you may get more time and save more assets with a  Chapter 13 filing.

What Should You Do Before You File?
Before you file, you should first hire an experienced Atlanta bankruptcy lawyer. You should then make sure you have the most possible debt. That may sound odd, but you want to file at a time where it will have the most affect on your debts, so you may wait a few weeks for that next medical or credit card bill to come in. You should not run up your credit cards knowing they will be discharged, as this is illegal. Also before you file you might consider Chapter 13 bankruptcy. If you have some income, a Chapter 13 filing can help you protect your home from foreclosure, along with keeping other assets.

How Do You File?

For Atlanta Chapter 7 bankruptcy, you start by filing a petition with the Georgia Bankruptcy Court. You then show proof of eligibility, what debts you owe, what assets you have, what income you have, what expenses you have, your previous tax return, and some other documents.

Who Can Help?
Hire an experienced Atlanta bankruptcy lawyer if you’re going to file for Chapter 7 bankruptcy. It’s a smart choice. There are so many mistakes you can make without the guidance of an experienced lawyer. You may not list all your assets. You may not list all your debts. You may hide things without knowing it. You may delay your filing because of these mistakes. Yes, an Atlanta lawyer will cost some money, but it’s money well spent. To find a good lawyer, you can look online, such as at the Georgia State Bar, found at Gabar.org.


Taking Advantage of Georgia Chapter 7 Bankruptcy

If you are going to file Chapter 7 bankruptcy in Georgia, you might as well do it right, and you might as well take advantage of all the benefits. This blog guide shows you how.

First, Chapter 7 bankruptcy is a liquidation, where you discharge debts at some cost – you might lose some assets. Few lose much in the way of assets, and most debts can be discharged, such as medical, credit card, and mortgage debts. You may have some debts you want to continue paying on if you can afford to, such as on your mortgage, or you stand to lose assets. Chapter 7 bankruptcy is an option, but not your only option. You might consider Chapter 13 bankruptcy, where you repay debt over time and buy yourself some leeway with creditors and on your mortgage.

Second, Chapter 7 bankruptcy should only be used in certain situations. You might have a $50,000 medical debt from when you had no insurance and had to go to the hospital. You might owe $75,000 to credit card companies from a time when you had spending problems. You may be out of work and out of money, and the bills keep coming. On the other hand, if you have a smaller debt, understand that Chapter 7 bankruptcy is a big decision. You will hurt your credit, you may lose some possessions.

Chapter 7 bankruptcy is a fast process. You can be discharged of your debt in a matter of months. That huge medical bill can be gone and you can start rebuilding your credit. Chapter 13 bankruptcy takes much longer to put into effect. And you have to pay on the monies owed. If you file Chapter 13, you typically pay on the debts for 3-5 years.

If you are going to file Chapter 7 bankruptcy, file for effect. Take advantage of all that the filing will do. If you have a large medical bill coming in the mail, you should wait until you get it so you can discharge it with your filing. If you have a credit card bill coming in, perhaps a past due one, wait until you get it to file. In other words, wait until you can discharge the most debt. This is not to say you should spend money and then file, which is illegal. But you should take full advantage of the filing to save money.

Once you have completed Chapter 7 bankruptcy, it’s time to rebuild your credit. Yes, a bankruptcy will hurt your credit, and will show up on your credit report for 10 years. Therefore, you should only use it when you have to. However, it does not ruin your credit either; once you set up some accounts and start paying on your credit cards, you can slowly improve your credit score. Once you get  a better credit score, you can get a larger loan. It’s a very simple process, provided you pay your bills on time.

If you truly want to take advantage of Chapter 7 bankruptcy, it’s time to consider hiring an experienced Georgia bankruptcy lawyer. He or she can help you decide if Chapter 7 is right for you, how to file, and how you can take full advantage of it.




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